ML20059F134
| ML20059F134 | |
| Person / Time | |
|---|---|
| Issue date: | 08/27/1993 |
| From: | Taylor J NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | |
| References | |
| FRN-58FR48004, RULE-PR-72 PR-930827, NUDOCS 9311040146 | |
| Download: ML20059F134 (35) | |
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,g NUCLEAR REGULATORY COMMISSION W W N T N\\h 7 42 h 10 CFR PART 72 t
RIN 3150-AE37 Notification of Events at Independent Spent Fuel Storage Installations and the Monitored Retrievable Storage Installation AGENCY:
Nuclear Regulatory Commission.
ACTION:
Proposed rule.
SUMMARY
The Nuclear Regulatory Commission (NRC) proposes to amend its regulations to revise licensee reporting requirements regarding the notification of events related to radiation safety at Independent Spent Fuel Storage Installations (ISFSIs) and a Monitored Retrievable Storage Installation (MRS).
This action will ensure that significant occurrences at these licensed facilities are promptly reported to NRC so that the Commission can evaluate whether the licensee has taken appropriate actions to protect the public health and safety and whether prompt NRC action is necessary to address generic safety concerns.
DATE:
The comment period expires (5 ays after date of publication in the Federal Register.)
Comments received after this date will be considered if it is practical to do so, but the Commission is able to assure consideration only for comments received on or before this date.
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ADDRESSES:
Mail written comments to:
Secretary, U.S. Nuclear Regulatory
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Commission, Washington, DC, 20555, Attention: Docketing and Service Branch.
1 Comments may be delivered to One White Flint North, 11555 Rockville Pike,-
i Rockville, MD, 20852, between 7:45 am and 4:15 pm on Federal workdays.
Copies of the draft regulatory analysis, the finding of no significant I
impact, the supporting statement submitted to OMB, and comments received may-be examined at:
The NRC Public Document Room, 2120 L Street NW. (Lower Level), Washington, DC.
FOR FURTHER INFORMATION CONTACT:
Naiem S. Tanious, Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, DC, 20555. Telephone (301) 492-3878.
I SUPPLEMENTARY INFORMATION:
Background
i On August 16, 1991 (56 FR 40757), the NRC amended its regulations in i
Title 10, Code of Federal Regulations (10 CFR), Parts 20, 30, 40, and 70 to better describe those events that must be reported to the NRC because they pose a hazard to public health and safety or the environment.
These new reporting requirements covered the following areas:
Inability to control licensed material, unplanned contamination events, failure of safety equipment, personal injury events, and fires and explosions.
'Public comments received when the amendments were proposed suggested that Part 72 also be amended to require notification of events at 'ISFSIs and 2
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the MRS. The NRC responded that it would consider the suggestion and initiate l
rulemaking to amend Part 72, if appropriate.
In considering the suggestion, l
the NRC. reviewed the event reporting requirements imposed on Part_72 licensees and found that, except for criticality, Part 72 itself contains no reporting requirements for the types of events covered by the recent amendments to Parts 30, 40, and 70.
Furthermore, among the six existing Part 72 licensees, the.
l reporting requirements (imposed by license conditions) were not consistent.
Therefore, the NRC has now decided that it is desirable to proceed with amending Part 72.
Discussion The event reporting requirements which are the subject of this proposed rulemaking are similar to those added to Parts 30, 40, and 70. The NRC believes that the proposed requirements more accurately describe events that I
must be reported to the NRC because they affect the health and safety of the public and the environment.
The intent of event reporting requirements is to require timely i
notification (either immediately or within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />, depending on severity) to t
the NRC of events that could require prompt action by the NRC to protect public health and safety or the environment.
Events that may require notification include personal injuries, fires, explosions, toxic gas releases,
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tornados, etc.
Prompt NRC actions may include evaluating the potential hazards and corrective actions being taken by the licensee, issuing immediate j
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warnings of generic hazards to other licensees, communicating with other t
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- ,o Federal'and State organizations, activating the NRC incident response center, or dispatching a response team to the site of _the event.
With one exception (i.e., GE Morris), ISFSis currently licensed under t
Part 72 are located at commercial power reactor sites, and those reactor licensees are already subject to event reporting requirements under 10 CFR 50.72 as well as, in some cases, under Part 72 license conditions.
The proposed amendments would therefore achieve consistent event reporting requirements for ISFSIs and an MRS with very little practical impact on current Part 72 licensees.
To avoid conflicts, the proposed amendments do not apply to licensee events subject to the reporting requirements in 10 CFR Section 50.72 by virtue of license conditions included in their Part 72 licenses.
However, these amendments would otherwise apply to commercial power reactor licensees for activities licensed under Part 72; the amendments also apply to research and test reactor licensees possessing material licensed under Part 72 who are not subject to the notification requirements in s 50.72.
For simplicity, a nuclear power plant licensee who holds both Part 50 and Part 72 licenses may use reporting requirements from Part 50 for reporting events from both the reactor and the ISFSI.
Furthermore, the licensee would not necessarily make any changes to comply with the requirements of this rule if the reporting requirements in the technical specifications for ISFSI would be at least as stringent as the reporting requirements proposed for Part 72.
If, as NRC now intends, this proposed rule becomes final, conforming license amendments may be issued by the NRC to resolve any remaining conflicts between the newly promulgated rule and existing license conditions.
If conforming license amendments are required, the NRC intends to issue these 4
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m amendments on its own initiative without a formal submittal from the ' licensee requesting the amendments.
The NRC specifically requests public comments on (1) the completeness of these reporting requirements, (2) the number of reports that licensees expect might be generated yearly, (3) how to minimize reports of events that do not require a prompt NRC response without excluding any events that do require prompt NRC actions, and (4) events that would require prompt NRC actions but are not covered under the proposed amendments.
For purposes of Section 223 of the Atomic Energy Act of 1954, as amended, concerning violations under circumstances set forth in that section, the amendments are proposed for issuance under Sections 161b, 1611, or 161o of the Act.
A.
Immediate Notification
- t A period of 4 hours4.62963e-5 days <br />0.00111 hours <br />6.613757e-6 weeks <br />1.522e-6 months <br /> would be the maximum time allowed for "immediate notification" by Part 72 licensees.
It is intended that licensees will notify the NRC of events requiring immediate notification, as described below, as soon as possible, but in no case later than four hours after discovery of the event. The proposed "immediate notification" requirements are consistent with the immediate notification requirements specified in 5 50.72 for power reactors.
Contto.1 of Spent Fuel or Hiah-level Radioactive Waste. The primary responsibility for controlling spent nuclear fuel (as defined in 10 CFR 72.3, spent fuel includes the special nuclear material, byproduct material, source 5
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material, and other radioactive materials associated with fuel assemblies), or high-level radioactive waste (HLW), rests with the licensee..
It~is important that the NRC immediately receive reports of events that prevent the. licensee from performing immediate actions necessary to maintain control of spent fuel or HLW and from protecting the public.
Licensees will need to exercise some-judgment in determining when events require immediate NRC notification. After an event has been discovered, the licensee must determine what immediate actions are necessary to: (1) maintain and verify control of all spent fuel or HLW involved and (2) avoid exposures to radiation or radioactive materials that could exceed regulatory limits, or to releases of spent fuel and HLW that t
1 could exceed regulatory limits.
Events may include fires, explosions, toxic gas releases, natural phenomena that can cause damage such as tornados and earthquakes, etc.
An immediate NRC notification would be required if the i
event prevented the licensee from performing any of those actions,.regardless 1
of the duration of the event.
The NRC expects licensees to report as soon as possible any event where personnel normally able to take an immediate action are somehow prevented from taking the action.
An immediate action is an initial action taken after a hazardous situation is identified to minimize exposures to radiation or radioactive materials, or to minimize releases of radioactive materials.
Immediate actions would normally be taken within 15 minutes of identifying the hazard.
The NRC does not expect immediate reports of normal delays associated with sounding alarms and responding to the site of the emergency. However, if alarms cannot be sounded or personnel cannot respond, an immediate report (within 4 hours4.62963e-5 days <br />0.00111 hours <br />6.613757e-6 weeks <br />1.522e-6 months <br />) would be required. A normal delay in responding to an event 1
such as the time to drive to the site or the time to call the f',re department 6
would not be reportable. However, once responders are available and able to do the job, any additional delay would be reportable.
Examples of cases where an immediate report would be required include: A i
toxic gas leak near an operation that prevents workers from immediately reducing a high radiation field around the leak; a fire that prevents workers from imediately securing a ventilation system to stop a release of airborne radioactive material exceeding regulatory limits; and a collapsed ceiling from an explosion that prevents workers from immediately closing a valve to stop a release of radioactive material exceeding regulatory limits.
Power Reactors usina Storaae Casks. Pursuant to S 72.216(c), as proposed, reporting requirements would be added by this proposed rule in s 72.75 (a)(2) and (a)(3) to cover power reactors licensed under Part 50 who are also using fuel storage casks under a general license issued under s 72.210 (Subpart K-General License for Storage of Spent Fuel at Power Reactor Sites).
l These ISFSI general licensees are required by 5 72.216 and S 50.72 (b)(2)(vii) to report immediately, but not later than 4 hours4.62963e-5 days <br />0.00111 hours <br />6.613757e-6 weeks <br />1.522e-6 months <br />, any defect in a spent fuel storage cask structure, system, or component which is important to safety, or a significant reduction in the effectiveness of any spent fuel storage cask confinement system.
Adding these requirements to the new section 72.75 will establish consistent reporting requirements among all licensees using spent fuel storage casks.
A reporting requirement is being proposed in s 72.75 (a)(4) to cover immediate actions needed to protect the public health and safety taken in an emergency that depart from a license condition or a technical specification.
(To combat a fire, for example the licensee may take measures that are not 7
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normally allowed by the license.)
This proposed requirement is based on
- l existing requirements in Parts 50.72(b)(1)(i)(B) and 50.54(x).
Adding this reporting requirement to 6 72.75 will ensure that such reports will still be required if the Part 50 license is terminated and the ISFSI continues operation under a specific Part 72 license.
Personal in.iury Events. A requirement would be added for licensees to report as soon as possible but not later than 4 hours4.62963e-5 days <br />0.00111 hours <br />6.613757e-6 weeks <br />1.522e-6 months <br /> after discovering any i
event that requires unplanned medical treatment at a medical facility of an individual with radioactive contamination on the individual's clothing or body which could cause further contamination. These events are significant because they may (1) indicate physical safety problems in a licensed operation, (2) risk internal contamination through open wounds, and (3) expose medical 2'
personnel to radiation and contamination.
This information is necessary to provide the basis for an independent determination by the NRC that appropriate actions have been taken both to control the spread of contamination and to perform any necessary decontamination.
Prompt action may also be required to_ investigate the cause of the injury and to prevent additional contamination problems. -If within 4 hours4.62963e-5 days <br />0.00111 hours <br />6.613757e-6 weeks <br />1.522e-6 months <br /> of discovering the personal injury event the licensee has not verified whether the individual receiving medical treatment was contaminated, the licensee is expected to act conservatively and report the event.
The requirement to report personal injury events is being proposed as an immediate report rather than the 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> reporting requirement established in Parts 30, 40, and 70 to make the proposed requirement consistent with 8
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6 50.'72 (b)(2)(v) which requires a'4 hour4.62963e-5 days <br />0.00111 hours <br />6.613757e-6 weeks <br />1.522e-6 months <br /> report from power reactors.- As stated earlier, most facilities licensed under Part 72 are located at power reactor sites, and event reporting has been incorporated into'the administrative procedures for the power reactors. -As a result,.those Part 72 facilities would already report personal injury events within 4 hours4.62963e-5 days <br />0.00111 hours <br />6.613757e-6 weeks <br />1.522e-6 months <br />. The NRC is proposing to make this consistent with Part'50 because most Part 72-facilities are so closely associated with power reactors. As for research and test reactors, which will be covered by this proposed rule, there are no licenses issued under part 72 to these nonpower reactors for independent
-storage of their spent fuel.
The NRC believes that the impact of this requirement on Part 72 facilities which are not located at power reactor sites (i.e., GE Morris) will be minimal.
Fires and Explosions.
A new requirement would be added to report as soon as possible but not later than 4 hours4.62963e-5 days <br />0.00111 hours <br />6.613757e-6 weeks <br />1.522e-6 months <br /> after discovering any fire or explosion that damages spent fuel or HLW, or any device, container, or -
equipment that contains spent fuel or HLW.
These events must be evaluated i
promptly to minimize any spread of contamination and to determine the performance of shielding and other features designed to control spent fuel or HLW.
Fires or explosions that damage spent fuel or HLW are of particular significance because they can cause radioactive materials to be released, generate airborne radioactive contamination, and generate contaminated runoff from water used to extinguish fires.
A second notification is not required if i
an immediate notification was made for a fire or explosion that prevented immediate response actions (see the discussion above for control of spent fuel or HLW).
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This information is necessary to assure the NRC that appropriate actions have been taken to detect and control any releases that may have occurred.
Prompt action may be required to verify survey results and radiological controls for recovery efforts.
In the event of a fire or explosion, an immediate report would be required if licensee personnel or firefighters were prevented by radiation hazards or other conditions from performing immediate response actions that they would normally be able to perform. However, if no i
immediate response actions were prevented, but there was damage that affected the integrity of the spent fuel or HLW or its container, an immediate report would still be required.
If within 4 hours4.62963e-5 days <br />0.00111 hours <br />6.613757e-6 weeks <br />1.522e-6 months <br /> of discovering the fire or explosion the licensee has not verified whether any reportable damage occurred, the licensee is expected to act conservatively and report the event.
24-Hour Notification Contamination Events.
The proposed rule would require licensees to notify the NRC within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> of discovering any unplanned contamination event that requires access to the contaminated area, by workers or the public, to be restricted for more than 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> through the imposition of additional radiological controls or prohibiting entry into the area.
If a licensee discovers that an area has unexpectedly been contaminated with a licensed material, the NRC expects the licensee to impose appropriate controls to keep exposures and releases' as low as reasonably achievable (ALARA) until the area can be decontaminated.
If controls beyond those required before the contamination event occurred are necessary for more than 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />, a report would be required.
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Safety Equinment Related Events. A reporting requirement would be -added for licensees to report within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> of discovering any event in which I
equipment is' disabled or fails to function as designed if (1) the equipment is~
required by regulation or license condition to prevent releases or exposures.
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exceeding regulatory limits, or to mitigate the consequences of an accident; (2) the equipment is required to be available and operable when it is disabled or fails; and (3) no redundant equipment is available and operable to perform the required safety function when the failure occurs.
This reporting requirement includes equipment failure, equipment damage, and procedural errors which cause equipment to fail or be disabled.
NRC must be aware of 1
these events to identify potential safety hazards and to ensure that the
. I licensee takes appropriate actions to protect workers and the public.
Licensees will need to exercise some judgment in determining when an i
event requires a 24-hour NRC notification.
First, the licensee must determine whether the inoperable equipment was required by regulation or license condition to prevent releases or overexposures exceeding regulatory limits, or mitigate the consequences of an accident.
Second, the licensee must determine whether the function of the equipment, or the availability of the function was needed when the equipment was disabled or failed to function. A 24-hour notification is not required under this requirement if neither the function nor its availability was required when the equipment was inoperable.
- Third, the licensee must determine whether redundant equipment was operable and
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available to perform the required safety function.
The accident consequences to be mitigated by the equipment include major property damage, widespread contamination of_ uncontrolled areas, or fatalities or serious injuries requiring medical treatment.
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The following are examples ~of events that' would require a 24-hour NRC notification:
(1)
Damage to a filtered ventilation system, required by regulation or license condition, that permits effluent air to bypass filters during operations. This bypass could result in either releases that exceed regulatory limits or exposure of personnel to levels of airborne radioactive-material that exceed regulatory limits.
(2)
Failure of equipment or shielding materials required by regulation or license condition to shield radiation from spent fuel or HLW.
(3)
Failure of monitoring equipment required by regulation or license condition to verify that safe criticality conditions exist while spent fuel bundles are being moved in a pool.
This information is necessary to assure the NRC that when the function of required safety equipment has been lost, the licensee has taken appropriate action to compensate for the lost safety function or to eliminate the hazard requiring the. safety function.
Written Reports 1
The proposed rule would require a written report within 30 days of any immediate or 24-hour notification. Written reports prepared pursuant to other regulations may be submitted to fulfill this requirement if the report contains all of the necessary information and the appropriate distribution is
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Applicability of the Rule The NRC believes the that the proposed rule will have little or no
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impact on current Part 72 licensees. The proposed rule would not apply to power reactor licensees who do not store spent fuel under a Part 72 license.
The rule would apply to research and test reactor licensees possessing spent fuel under a Part 72 license, and not subject to the notification requirements in 5 50.72.
However, at the present time there.are no Part 72 licenses issued to research or test reactor licensees. With one exception (i.e.,
General Electric, Morris, IL), all current Part 72 specific licensees are ISFSis operated by nuclear power plants holding Part 50 licenses.
All of
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these power plants have incorporated their ISFSI into the reactor administrative procedures which include reporting procedures subject to.the requirements in Section 50.72. Therefore, the proposed rule would have no
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impact on these ISFSIs.
b Environmental Impact:
Categorical Exclusion T
The NRC has determined that this proposed rule is the type of action described in the categorical exclusion 10 CFR 51.22(c)(3)(iii). Therefore, neither an environmental impact statement nor an environmental assessment has been prepared for this regulation.
Paperwork Reduction Act Statement i
This proposed rule amends information collection requirements that are subject to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.). ~This 13
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F rule has been submitted to the Office of Management and Budget for review and approval of the paperwork requirements.
The public reporting burden for this collection of-information is estimated to average 8 hours9.259259e-5 days <br />0.00222 hours <br />1.322751e-5 weeks <br />3.044e-6 months <br /> per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information.
Send comments regarding this burden estimate or any other aspect of this collection r
of information, including suggestions for reducing the burden, to the Information and Records Management Branch (MNBR-7714), U.S. Nuclear Regulatory Commission, Washington, DC, 20555; and to the Desk Officer, Office of Information and Regulatory Affairs, NE0B-3019 (3150-0132), Office of Management and Budget, Washington, DC, 20503.
Regulatory Analysis The Commission has prepared a draft regulatory analysis on this proposed regulation. The analysis examines the costs and benefits of the alternatives considered by the Commission.
The draft analysis is available for inspection in the NRC Public Document Room, 2120 L Street NW. (Lower Level), Washington, DC.
Single copies of the draft analysis may be obtained from Naiem S.
Tanious, telephone (301) 492-3878. The Commission requests public comments on the draft regulatory analysis. Comments on the draft analysis may be i
submitted to the NRC as indicated under the ADDRESSES heading.
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Regulatory Flexibility Certification The NRC has prepared a draft regulatory analysis of the impact of this proposed rule on small entities.
The draft analysis indicates that the proposed rule is estimated to have no significant economic impact on Part 72 i
licensees, because the estimated cost to industry of reporting postulated events would be in the range of 5 0 - 2112 annually. Moreover, none of the current Part 72 licensees are considered small entities. The proposed rule would apply to research and test reactors who are small entities, should they choose to store spent fuel under a Part 72 license. However none of these are l
L Part 72 licensees at present.
In any case, no report would be required of licensees unless there is an incident involving spent fuel or HLW that ineets the criteria specified in the proposed amendments.
Hence, the impact on Part 72 licensees should be minimal.
The draft analysis is available for inspection in the NFi. Public Document Room, 2120 L Street NW. (Lower Level),
Washington, DC.
Single copies of the draft analysis may be obtained from Naiem S. Tanious, telephone'(301) 492-3878.
1 Backfit Analysis The NRC has determined that the backfit rule 10 CFR 50.109, does not apply to this proposed rule because these amendments do not involve any l
provisions which would impose backfits on licensees as defined in 550.109(a)(1).
Also, the NRC has determined that backfitting requirements i
in i 72.62 do not apply to this proposed rule because the proposed event reporting requirements are not procedures required to operate an ISFSI or MRS.
Therefore a backfit analysis is not required.
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,s List of Subjects 10 CFR Part 72 Manpower training programs, Nuclear materials, Occupational safety and health, Reporting and recordkeeping requirements, Security measures, Spent ~
fuel.
For the reasons set out in the preamble and under the authority of the Atomic Energy Act of 1954, as amended; the Energy Reorganization Act of 1974, as amended; the Nuclear Waste Policy Act of 1982, as amended; and 5 U.S.C.
553, the Commission is proposing to adopt the following amendments to 10 CFR Part 72.
PART 72--LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF SPENT NUCLEAR FUEL AND HIGH-LEVEL RADI0 ACTIVE WASTE l
1.
The authority citation for Part 72 is revised to read as follows:
AUTHORITY:
Secs. 51, 53, 57, 62, 63, 65, 69, 81, 161, 182, 183, 184, 186, 187, 189, 68 Stat. 929, 930, 932, 933, 934, 935, 948, 953, 954, 955, as amended, sec. 234, 83 Stat. 444, as amended (42 U.S.C. 2071, 2073, 2077, 2092, 2093, 2095, 2099, 2111, 2201, 2232, 2233, 2234, 2236, 2237, 2238, 2282); sec. 274, Pub. L.86-373, 73 Stat. 688, as amended (42 U.S.C. 2021); sec. 201, as-amended, 202, 206, 88 Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846); Pub. L.95-601, sec. 10, 92 Stat. 2951 (42 U.S.C. 5851); sec. 102, Pub. L.91-190, 83 Stat. 853 (42 U.S.C. 4332); Secs. 131, 132, 133, 135, 137, 141, Pub. L.97-425, 96 Stat. 2229, 2230, 2232, 2241, sec. 148, Pub. L.
100-203, 101 Stat. 1330-235 (42 U.S.C. 10151, 10152, 10153, 10155, 10157,-
10161,10168).
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Section 72.44(g) also issued under secs.142(b) and 148(c), (d), Pub. L.
- 4 100-203, 101 Stat. 1330-232, 1330-236 (42 U.S.C. 10162(b), 10168(c), (d)).
Section 72.46 also issued under sec 189, 68 Stat. 955'(42 U.S.C. 2239); sec. 134, Pub. L.97-425, 96 Stat. 2230 (42 U.S.C. 10154).
Section 72.96(d) also issued under sec. 145 (g), Pub. L. 100-203, 101 Stat. 1330-235 (42 U.S.C.
10165(g); Subpart J also issued under secs. 2(2),2(15),2(19),ll7(a),
141(h), Pub. L.97-425, 96 Stat. 2202, 2203, 2204, 2222, 2224 (42 U.S.C.
10101, 10137(a), 10161(h)).
Subparts K and L are also issued under sec.'133, 98 Stat. 2230 (42 U.S.C. 10153) and sec. 218(a), 96 Stat. 2252 (42 U.S.C.
10198).
2.
A new 5 72.75 under Subpart D
" Records, Reports, Inspections, and Enforcement" - is added to read as follows:
! 72.75 Reportino Reouirements for Events Other than Criticality.
(a)
Immediate report.
Each licensee shall notify the NRC as soon as possible but not later than 4 hours4.62963e-5 days <br />0.00111 hours <br />6.613757e-6 weeks <br />1.522e-6 months <br /> after the discovery of any of the following events or conditions involving spent fuel or HLW:
(1) An event that prevents immediate actions necessary to avoid r
exposures to radiation or radioactive materials that could ~ exceed regulatory limits, or releases of radioactive materials that could exceed regulatory limits (events may include fires, explosions, toxic gas releases, etc.).
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(2) A defect in any spent fuel storage structure, system, or component l
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-which is important to safety.
.j (3) A significant reduction in the effectiveness of any spent fuel l
storage confinement system during use.
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(4) An action taken in an emergency that departs from a license condition or a technical specification conttiried in a license issued under this part when the action is immediately needed to protect the public health and safety and no action consistent with license conditions and technical specifications that can provide adequate or equivalent protection is immediately apparent.
(5)
An event that requires unplanned medical treatment at a medical facility of an individual with radioactive contamination on the individual's clothing or body which could cause further radioactive contamination.
(6)
An unplanned fire or explosion damaging any spent fuel or HLW, or any device, container, or equipment containing spent fuel or HlW when the damage affects the integrity of the material or its container.
(b) Twenty-four hour report.
Each licensee shall notify the NRC within t
24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> after the discovery of any of the following events involving spent fuel or HLW:
(1) Any unplanned contamination event that requires access to the contaminated area by workers or the public to be restricted for more than 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> by imposing additional radiological controls or by prohibiting entry into the area.
(2) An event in which safety equipment is disabled or fails to function as designed when:
(i) The equipment is required by regulation or licensee condition to prevent releases exceeding regulatory limits, to prevent exposures to radiation and radioactive materials exceeding regulatory limits, or to mitigate the consequences of an accident; (ii) The equipment is required to be available and operable when it is disabled or fails to function; and (iii) No redundant equipment is available and operable to perform the required safety function.
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(c)
Preparation and submission of reports.
Reports made by licensees in response to the requirements of this section must be made as follows:
(1)
Licensees shall make reports required by paragraphs (a) and (b) of.
this section by telephone to the NRC Operations Center.' To the extent that the information is available at the time of notification, the information provided on these reports must include:
(i) The caller's name and call back telephone number; (ii) A description of the event, including date and time; (iii) the exact location of the event; (iv) The quantities, and chemical and physical form of the spent. fuel or HLW involved; and (v) Any personnel
-t radiation exposure data available.
(2) Written report.
Each licensee who makes a report required by paragraph (a) or (b) of this section shall submit a written follow-up report within 30 days of the initial report.
Written reports prepared pursuant to other regulations may be submitted to fulfill this requirement if the reports l
i contain all of the necessary information and the appropriate distribution.is made. These written reports must be sent to the U.S. Nuclear Regulatory Commission, Document Control Desk, Washington, DC, 20555, with a copy to the appropriate NRC Regional Office listed.in Appendix D of 10 CFR Part 20. The-reports must include the following:
(i) A description of the event, including the probable cause and the manufacturer and model number (if applicable) of
[
any equipment that failed or malfunctioned; (ii) the exact location _ of the.
l event; (iii) Quantities, and chemical and physical form of the spent fuel or HLW involved; (iv) Date and time of the event; (v) Corrective actions taken or planned and the results of any evaluations or assessments; and (vi) The extent-
'The commercial telephone number for the NRC Operations Center is (301) 951-0550.
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of exposure of individuals to radiation or to radioactive materials without identification of individuals by name.
(d) The provisions of 5 72.75 do not apply to licensees who are required by their Part 72 licenses to comply with the notification requirements in s 50.72 of this chapter. They do apply to research and test reactor licensees possessing material licensed under Part 72 who are not subject to the notification requirements in s 50.72.
3.
Section 72.216 under Subpart K
" Reports" - is amended by adding a new paragraph (c) to read as follows:
(c) The general licensee shall comply with 9 72.75 of this chapter according to the terms of that section.
Dated at Rockville, Maryland, this cA7 day of _ d j
, 1993, 9
For the Nuclear Regulatory Commission.
Jarp6s
- Taylor, ve Directo for Operations.
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